Legal Question in Insurance Law in California
recovery laws for lost packages
I shipped a valuable package via an authorized shipping agent who ships on behalf of a large shipping company. The package has been declared lost. The shipper did not put the full amount of insurance on my package when he printed teh shipping label, even though I paid for it. Now I am unable to recover my full loss. Can I sue him for the amount of insurance he neglected to cover? My contract is with him and his contract is with the major shipping agency that he used. He has also stated that as a general rule I am only allowed to recover the wholesale cost of my property, not the retail loss as this was a sale for goods purchased.
2 Answers from Attorneys
Re: recovery laws for lost packages
If you proof that you purchased certain amount of insurance and he failed to put it through, he will be liable due to his own negligence. Sue him for the full value of the loss.
Re: recovery laws for lost packages
If you and the agent contracted for insurance, then the agent is responsible for whatever the insurer would have paid on the loss. If the insurer would have paid only wholesale value, then that is what the agent must pay. If it would have paid retail value, he must pay that. If the policy limits are lower than the value it would otherwise have paid, then he need only pay you the policy limits. In any of these scenarios, the agent will be able to subtract the deductible (if any) from the amount he must pay you.
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